A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On May 31, 2011, the Defendant made a false statement to the victim C, who sells scrap iron at a coffee shop located in the vicinity of the Daegu Eastern District, stating, “The Defendant: (a) laid off the base of the scrap metal import business using a closed vessel in Russia; and (b) deposited money to the Republic of Korea on deposit because there is a scrap metal that has already been dismantled; (c) as an advance payment of scrap metal, KRW 100 million would be changed to the advance payment of such scrap metal; and (d) would send scrap metal until the end of June 201.”

However, on May 30, 201, at the end-of-life ship dismantling workplace located in Russck, the work of the worker was suspended due to the death of the worker at the end-of-life ship dismantling workplace in Russck, and the production of scrap metal was not possible. In addition, the lack of funds required for the import business of scrap metal, such as purchase price of the end-of-life ship, equipment rent, wages of work workers, etc., and even if the transportation means such as containers to transport scrap metal to Korea are not secured, there was no intention or ability to supply scrap metal to the victim within the agreed date even if he/she receives the scrap metal from the victim.

On or around May 31, 201, the Defendant, as such, deceiving the victim and deceiving the victim, KRW 5 million from the Defendant’s corporate bank account to the Defendant’s corporate bank account on or before May 31, 201, KRW 30 million from the account in the name of D operated by the Defendant on or around June 3, 201, and KRW 15 million from the Defendant’s corporate bank account around June 8, 201;

6. Around 23.20 million won was remitted to the Defendant’s corporate bank account, and around July 4, 201, the sum of KRW 59 million was transferred to the Defendant’s corporate bank account.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The statements of witnesses C, E and F in the second trial records;

1. Statement made by witnesses G in the third protocol of trial;

1. The entry of each part of the fifth trial records into the witness H and I;

1. Each prosecutor's protocol of examination of part of the accused (including C and E's statement);

1. Statement by Prosecution C (including the E-statement part);

1. C and G (E).